Solanki (Migration)

This matter concerned an appeal to the Tribunal regarding the refusal of Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream. The primary applicant, Mr. Solanki, sought to satisfy the criteria for this visa subclass, while the secondary applicants sought to rely on their family unit relationship to him.

The central legal issue before the Tribunal was whether the primary applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the existence of an approved nomination for the position of Motor Mechanic. This clause requires, among other things, that the nomination has been approved and has not been subsequently withdrawn, and that the position remains available to the applicant.

The Tribunal found that the nomination application made by CSM Auto Repairs Pty Ltd had been withdrawn by the nominator on 7 March 2019. Consequently, at the time of the Tribunal's decision, there was no evidence of an approved nomination that had not been withdrawn. As the primary applicant failed to meet this essential criterion, and the secondary applicants' claims were dependent on the primary applicant being granted a visa, the Tribunal affirmed the decision not to grant the visas.